Education Law section 754 requires school districts to loan instructional computer hardware to pupils attending nonpublic elementary and secondary schools. Education Law section 753 requires school districts to demonstrate in a plan, to the satisfaction of the Commissioner of Education, that the instructional computer hardware needs of public and nonpublic students have been adequately met. The statute requires the Commissioner to establish by regulation procedures for the loan of instructional computer hardware and the process for meeting the planning requirement.

State Administrative Procedure Act (SAPA) section 202 generally provides that a rule may not be adopted until at least 45-days after publication of a Notice of Proposed Rule Making in the State Register. Because the Board of Regents meets at fixed intervals, the earliest the proposed rule could be presented for adoption by the Board of Regents, after expiration of the 45-day public comment period prescribed by SAPA, is the September 10-11, 2007 Regents meeting. However, affected school districts need to know now the loan procedures and planning requirements and to implement Education Law sections 753 and 754, so that they may timely receive information from nonpublic schools on behalf of their students pursuant to statutory requirements.

Emergency action to adopt the proposed rule is necessary for the preservation of the general welfare in order to immediately establish loan and plan procedures under Education Law sections 753 and 754, so that school districts may timely notify nonpublic schools for implementation of statutory requirements in the 2007–2008 school year.

It is anticipated that the proposed rule will be presented for adoption as a second emergency action at the July 25–27 meeting of the Board of Regents and as a permanent rule at the September 10–11 meeting, which is the first scheduled Regents meeting after expiration of the 45-day public comment period prescribed by the State Administrative Procedure Act.

§ 21.3 Lending procedures for computer software and instructional computer hardware.

(a) Lending procedures for computer software.

(1) Computer software programs means prepared educational programs which are subject-oriented for use by students in conjunction with computers. The following items shall not be considered to constitute computer software programs for the purpose of this section: microcomputers, blank diskettes, cassettes or tapes, chips, computer correction devices, consoles, cords, disk drives and other similar items of hardware.

[(b)] (2) Pupils enrolled in grades kindergarten through 12 in schools in New York State may borrow computer software programs designated for use in any public elementary or secondary school in the State of New York or approved by any school board. Such computer software programs shall be required for use as a learning aid in a particular class or program. Computer software programs which are religious in nature or content shall not be purchased or loaned by a school district.

[(c)] (3) Computer software programs shall be loaned upon the individual written request of nonpublic school students, but such requests shall not be required of public school students. Such requests may be presented directly to the lending district or, with the consent of such district, to an appropriate official of the nonpublic school which the student attends. The form of request used by a lending district may provide for a guarantee by a parent or guardian for the return of such software or, in the case of loss or damage, for payment of the value thereof.

[(d)] (4) Computer software programs owned or acquired by a school district pursuant to section 752 of the Education Law shall be available on an equitable basis to all eligible pupils enrolled in grades kindergarten through 12 in public and nonpublic schools within the district, and to pupils with handicapping conditions residing in such district who attend programs under the provisions of paragraphs c, e, g, i and l of subdivision 2 of section 4401 of the Education Law, shall remain the property of the lending district and shall bear an identifying label. The school authorities of each district shall establish lending procedures which apply to pupils in public and nonpublic schools, and shall inform the authorities of such schools of these procedures.

[(e)] (5) All computer software programs shall be returned to the official designated by the lending district as the custodian thereof upon the request of such official. A lending district may agree that such software may be stored upon the property of a nonpublic school, in which event the lending district shall furnish the nonpublic school with an inventory of the software loaned to the individual students attending such school and the nonpublic school authorities shall advise the lending district of any software which has not been returned, with the name and last known address of the borrower.

[(f)] (6) Computer software programs shall be loaned free to all eligible pupils. No charges, except as provided for in [subdivision (c)] paragraph (3) of this [section] subdivision, may be levied against individual pupils, parents or schools for the cost of computer software programs or for expenditures related to freight, postage, distribution, storage, recordkeeping or administration.

[(g)] (7) Each district may include in its report of expenditures the purchase price of the computer software programs purchased, including the cost of freight or postage for transporting such software from the vendor to the district. Expenditures relating to distribution, storage, recordkeeping or administration may not be included for computer software aid purposes [, but they may be included for regular operating aid purposes].

[(h)] (8) Public school districts shall maintain a separate record of expenditures incurred from State aid received pursuant to Education Law[,] section 751, and this section.

2. Section 100.12 of the Regulations of the Board of Regents is amended, effective May 29, 2007, as follows:

§ 100.12 Instructional computer technology plans.

(a) To be eligible for aid for instructional computer [technology expenses pursuant to Education Law, section 3602(26-a)] hardware and technology equipment expenses pursuant to Education Law section 753, school district shall develop and maintain a plan, in a format prescribed by the commissioner, for the use of the instructional computer technology equipment.

(b) Each plan shall include:

(1) a description of the number and type of instructional computer technologies to be used and how they will be applied to the overall K-12 instructional program;

(2) provision for the maintenance and repair of equipment, consistent with the five-year capital assets preservation plan as provided for in Education Law[,] section 3602(6) and section 155.1(a)(4) of this Title; [and]

(3) provision for staff development to demonstrate how classroom teachers will use instructional computer technology across the K-12 curriculum ; and

(c) Plans may provide for the school district's participation in any Federal- and State-funded instructional technology initiatives, including but not limited to the universal service discount program pursuant to the Federal Telecommunications Act of 1996 and the Federal Technology Literacy Challenge Program.

STATUTORY AUTHORITY:

Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Board of Regents to appoint the Commissioner of Education as the Chief Administrative Officer of the Department, which is charged with the general management and supervision of all public schools and the educational work of the State.

Education Law section 207 empowers the Regents and the Commissioner to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the Department.

Education Law section 215 provides the Commissioner with the authority to require schools and school districts to submit reports containing such information as the Commissioner shall prescribe.

Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or any statute relating to education, and shall be responsible for executing all educational policies determined by the Regents.

Education Law section 753, as added by Chapter 57 of the Laws of 2007, provides for an apportionment for approved school district expenses for computer hardware or technology equipment, or for repair of such equipment or staff development for instructional purposes. Such aid shall be provided pursuant to a plan developed by the district that demonstrates, to the satisfaction of the Commissioner, that the instructional computer hardware needs of the district's public and nonpublic school students have been adequately met.

Education Law section 754, as added by Chapter 57 of the Laws of 2007, requires school authorities to loan instructional computer hardware to an individual or a group of individuals legally attending nonpublic schools located in the district, subject to such rules and regulations as prescribed by the Board of Regents.

LEGISLATIVE OBJECTIVES:

The proposed rule is consistent with the authority conferred by the above statutes and it is necessary to implement Education Law section 753 and 754, as added by Chapter 57 of the Laws of 2007, by establishing criteria to provide for the loan of instructional computer hardware from public school districts to nonpublic school students.

NEEDS AND BENEFITS:

The proposed rule is needed to implement the statutory requirements.

Education Law section 754, as added by Chapter 57 of the Laws of 2007, requires school authorities to loan instructional computer hardware to an individual or a group of individuals legally attending nonpublic schools located in the district, subject to such rules and regulations as prescribed by the Board of Regents. These requirements are detailed in an amendment to section 21.3 of the Rules of the Board of Regents, which detail loan procedures for computer hardware and software.

Education Law section 753, as added by Chapter 57 of the Laws of 2007, provides for an apportionment for approved school district expenses for computer hardware or technology equipment, or for repair of such equipment or staff development for instructional purposes. Such aid shall be provided pursuant to a plan developed by the district that demonstrates, to the satisfaction of the Commissioner, that the instructional computer hardware needs of the district's public and nonpublic school students have been adequately met. Section 100.12, as amended, specifies that each school district's technology plan including an assurance that the school district has provided for the loan of instructional computer hardware to students legally attending nonpublic schools pursuant to Education Law section 754.

The rule establishes systems and processes that will provide needed computer hardware to benefit students attending nonpublic schools in the state, which is a necessary component in raising academic achievement through additional computer training, education and instructional delivery.

COSTS:

The rule is necessary to implement Chapter 57 of the Laws of 2007 and does not impose any additional costs beyond those inherent in the statute.

a. Costs to State government: None.

b. Costs to local governments: None. As no school district will be required to loan instructional computer hardware in excess of that provided under the state aid formula for the district under Education Law section 753, there will be no additional costs.

c. Costs to private, regulated parties: None. There are no anticipated additional costs to private, regulated parties.

d. Costs to the Education Department of implementation and continuing compliance: None. There are no anticipated additional costs to the State Education Department.

LOCAL GOVERNMENT MANDATES:

The proposed amendment is necessary to implement Education Law section 753 and 754, as added by Chapter 57 of the Laws of 2007, and does not impose any additional program, service, duty or responsibility on local governments beyond that imposed by the statue. Consistent with Chapter 57 of the Laws of 2007, the proposed rule requires that each district adopt regulations, procedures and deadlines for applying on behalf of nonpublic students for a loan of instructional computer technology equipment from the public school district. They are also required to maintain a record of expenditures incurred from State aid received for such hardware and equipment under Education Law section 753.

PAPERWORK:

Instructional computer hardware shall be loaned upon the individual written request of nonpublic school students, but such requests shall not be required of students attending public school districts. Such requests may be presented directly to the lending district or, with the consent of such district, to an appropriate official of the nonpublic school which the student attends. The form of request used by a lending district may provide for a guarantee by a parent or guardian for the return of such hardware or, in the case of loss or damage, for payment of the value thereof. School authorities shall adopt regulations specifying the date by which such requests must be received, but no earlier than June 1 of each year prior to the year for which such hardware is being requested. A parent or guardian of a child not attending a particular non-public school prior to June 1 of the school year may request a loan of instructional computer hardware within 30 days after enrollment.

Each district may include in its report of expenditures the purchase price of the instructional computer hardware purchased, including the cost of freight or postage for transporting such hardware from the vendor to the district. Expenditures relating to distribution, storage, recordkeeping or administration may not be included for instructional computer hardware aid purposes.

Public school districts shall maintain a separate record of expenditures incurred from State aid received pursuant to Education Law section 753, and section 21.3.

DUPLICATION:

The proposed rule is necessary to implement Chapter 57 of the Laws of 2007. There are no areas of duplication or conflict with the requirements of State or federal governments.

ALTERNATIVES:

The proposed amendment is necessary to implement Education Law sections 753 and 754, as added by Chapter 57 of the Laws of 2007. There were no significant alternatives to the proposed rule and none were considered.

FEDERAL STANDARDS:

There are no substantive federal standards that are applicable to this proposal insofar as the proposed rule relates to a State aid allocation for computer hardware or technology equipment, for repair of such equipment, and for staff development for instructional purposes.

COMPLIANCE SCHEDULE:

The proposed rule is necessary to implement Chapter 57 of the Laws of 2007. It is anticipated that regulated parties can achieve compliance with the proposed rule by its effective date.

Small businesses:

The proposed amendment is necessary to implement Education Law sections 753 and 754, as added by Chapter 57 of the Laws of 2007, to provide for the loan of instructional computer hardware from public school districts to nonpublic school students and does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that small businesses will not be affected, no further measures are needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and has not been prepared.

Local government:

EFFECT OF RULE:

The proposed amendment applies to each public school district in the State.

COMPLIANCE REQUIREMENTS:

The proposed amendment is necessary to implement Education Law section 753 and 754, as added by Chapter 57 of the Laws of 2007, and does not impose any additional program, service, duty or responsibility on local governments beyond that imposed by the statue. Consistent with Chapter 57 of the Laws of 2007, the proposed rule requires that each district adopt regulations, procedures and deadlines for applying on behalf of nonpublic students for a loan of instructional computer technology equipment from the public school district. They are also required to maintain a record of expenditures incurred from State aid received for such hardware and equipment under Education Law section 753.

Instructional computer hardware shall be loaned upon the individual written request of nonpublic school students, but such requests shall not be required of students attending public school districts. Such requests may be presented directly to the lending district or, with the consent of such district, to an appropriate official of the nonpublic school which the student attends. The form of request used by a lending district may provide for a guarantee by a parent or guardian for the return of such hardware or, in the case of loss or damage, for payment of the value thereof. School authorities shall adopt regulations specifying the date by which such requests must be received, but no earlier than June 1 of each year prior to the year for which such hardware is being requested. A parent or guardian of a child not attending a particular non-public school prior to June 1 of the school year may request a loan of instructional computer hardware within 30 days after enrollment.

Each district may include in its report of expenditures the purchase price of the instructional computer hardware purchased, including the cost of freight or postage for transporting such hardware from the vendor to the district. Expenditures relating to distribution, storage, recordkeeping or administration may not be included for instructional computer hardware aid purposes.

Public school districts shall maintain a separate record of expenditures incurred from State aid received pursuant to Education Law section 753, and section 21.3.

The proposed amendment does not impose any additional professional services requirements on school districts.

PROFESSIONAL SERVICES:

None.

COMPLIANCE COSTS:

The proposed amendment is necessary to implement Education Law section 753 and 754, as added by Chapter 57 of the Laws of 2007, and does not impose any significant, additional costs beyond those inherent in the statute. As no school district will be required to loan instructional computer hardware in excess of that provided under State aid formula for the district under Education Law section 753, there will be no additional costs. There are no anticipated additional costs to private, regulated parties.

ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

Economic feasibility is addressed under the Compliance costs section above. The proposed amendment is necessary to implement Education Law sections 753 and 754, as added by Chapter 57 of the Laws of 2007, and does not impose any additional technological requirements on school districts beyond those inherent in the statute. Education Law section 754, as added by Chapter 57 of the Laws of 2007, requires school authorities to loan instructional computer hardware to an individual or a group of individuals legally attending nonpublic schools located in the district, subject to such rules and regulations as prescribed by the Board of Regents. These requirements are detailed in an amendment to section 21.3 of the Rules of the Board of Regents, which detail loan procedures for computer hardware and software.

MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to implement Chapter 57 of the Laws of 2007 and is applicable to all school districts throughout the State. Consequently, the substantive provisions of the proposed rule are statutorily imposed and it is not feasible to establish differing compliance or reporting requirements or timetables or to exempt school districts from coverage by the proposed amendment.

SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State. Guidance information will be provided to school districts and their component schools within the existing State Aid Management System (SAMS) which school districts use to file numerous reports with the department relating to various aids and expenditures.

TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed rule applies to each school district in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment is necessary to implement Education Law section 753 and 754, as added by Chapter 57 of the Laws of 2007, and does not impose any additional program, service, duty or responsibility on local governments beyond that imposed by the statue. Consistent with Chapter 57 of the Laws of 2007, the proposed rule requires that each district adopt regulations, procedures and deadlines for applying on behalf of nonpublic students for a loan of instructional computer technology equipment from the public school district. They are also required to maintain a record of expenditures incurred from State aid received for such hardware and equipment under Education Law section 753.

Instructional computer hardware shall be loaned upon the individual written request of nonpublic school students, but such requests shall not be required of students attending public school districts. Such requests may be presented directly to the lending district or, with the consent of such district, to an appropriate official of the nonpublic school which the student attends. The form of request used by a lending district may provide for a guarantee by a parent or guardian for the return of such hardware or, in the case of loss or damage, for payment of the value thereof. School authorities shall adopt regulations specifying the date by which such requests must be received, but no earlier than June 1 of each year prior to the year for which such hardware is being requested. A parent or guardian of a child not attending a particular non-public school prior to June 1 of the school year may request a loan of instructional computer hardware within 30 days after enrollment.

Each district may include in its report of expenditures the purchase price of the instructional computer hardware purchased, including the cost of freight or postage for transporting such hardware from the vendor to the district. Expenditures relating to distribution, storage, recordkeeping or administration may not be included for instructional computer hardware aid purposes.

Public school districts shall maintain a separate record of expenditures incurred from State aid received pursuant to Education Law section 753, and section 21.3.

The proposed amendment does not impose any additional professional services requirements on school districts.

COSTS:

The rule is necessary to implement Chapter 57 of the Laws of 2007 and does not impose any additional costs beyond those inherent in the statute. As no school district will be required to loan instructional computer hardware in excess of that provided under State aid formula for the district under Education Law section 753, there will be no additional costs. There are no anticipated additional costs to private, regulated parties.

MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement Chapter 57 of the Laws of 2007 and is applicable to all school districts throughout the State. Consequently, the substantive provisions of the proposed rule are statutorily imposed and it is not feasible to establish differing compliance or reporting requirements or timetables or to exempt school districts in rural areas from coverage by the rule.

RURAL AREA PARTICIPATION:

The proposed rule will be submitted for discussion and comment to the Department's Rural Education Advisory Committee, which includes representatives of school districts in rural areas as well as the Rural Schools Association. In addition, guidance memos will be provided to the field outlining changes in the law and posted on the State Aid Management System (SAMS) website, for reference.

The proposed amendment is necessary to implement Education Law sections 753 and 754, as added by Chapter 57 of the Laws of 2007, to provide for the loan of instructional computer hardware from public school districts to nonpublic school students. The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the rule that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.